013. Видання НаУКМА

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General and Special Norms Concerning Careless Crimes in the Aspect of Legal Certainty as a Component of the Rule of Law
(2025) Bahirov, Serhii
The article examines collision between the requirements of legal certainty of the description of unlawful behavior and the desire of specialists for a rational construction of criminal legislation. The direction of criminal law policy is criticized, according to which the legislator tries to cover with special norms all possible forms of manifestation of careless behavior and thus achieve legal certainty. Specific practical examples prove that such a direction of criminal law policy leads to a decrease in the ability of law enforcement officers to abstract legal thinking and the loss of theoretical substantiation skills of the grounds for criminal liability. It is empirically proven that the above problems concern not only law enforcement agencies of Ukraine but also judges of the ECHR. The point of view that improving general norms on criminal liability for careless crimes is a more rational direction of criminal law policy is supported.